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Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Act current to 2021-10-07 and last amended on 2020-07-01. Previous Versions

PART 2Safety, Security and Protection of Persons, Property and Environment (continued)

Pipeline Claims Tribunal (continued)

Regulations (continued)

Marginal note:Regulations — compensation

  •  (1) The Governor in Council may make regulations establishing the costs, losses and damages for which a Tribunal may award compensation and regulations respecting that compensation, including regulations

    • (a) prescribing the period within which claims for compensation or applications for reconsideration must be made to the Tribunal;

    • (b) authorizing the Tribunal to award interim compensation in respect of a claim for compensation;

    • (c) authorizing the Tribunal to award fees and travel expenses and costs with respect to claims for compensation and the reconsideration of those claims, as well as providing to whom the fees and travel expenses and costs may be awarded;

    • (d) establishing an order of priority among classes of compensable damage for the purpose of awarding compensation;

    • (e) providing for the reduction of the amount that the Regulator pays under subsection 164(1) and the criteria for such a reduction, including in respect of a class of compensable damage;

    • (f) fixing a maximum amount of compensation that may be awarded to a claimant, including in respect of a class of compensable damage;

    • (g) prescribing the period for the purposes of subsection 164(1);

    • (h) providing that a payment of any amount that the Regulator pays under subsection 164(1) be postponed;

    • (i) providing for the payment of any amount that the Regulator pays under subsection 164(1) in a lump sum or in payments of equal or different amounts over a period of time;

    • (j) providing for interest with respect to a claim for compensation or an application for reconsideration, as well as the period during which interest accrues; and

    • (k) generally, for carrying out the purposes of this section and sections 143 to 172.

  • Marginal note:Exception

    (2) A regulation made under subsection (1) is not to provide that the loss of non-use value in relation to damages to the environment caused by the release is a loss for which the Tribunal may award compensation.

Sentencing Respecting Releases from Pipelines

Marginal note:Sentencing principles

  •  (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person who is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline:

    • (a) the amount of the fine should be increased to account for each aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and

    • (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

  • Marginal note:Aggravating factors

    (2) The aggravating factors the court must consider are the following:

    • (a) the offence caused harm or risk of harm to human health or safety;

    • (b) the offence caused damage or risk of damage to the environment or environmental quality;

    • (c) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment;

    • (d) the damage or harm caused by the offence is extensive, persistent or irreparable;

    • (e) the offender committed the offence intentionally or recklessly;

    • (f) by committing the offence or failing to take action to prevent its commission, the offender increased or intended to increase their revenue or decreased or intended to decrease their costs;

    • (g) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and

    • (h) after the commission of the offence, the offender

      • (i) attempted to conceal its commission,

      • (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or

      • (iii) failed to take prompt action to reduce the risk of committing similar offences.

  • Marginal note:Absence of aggravating factor

    (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.

  • Marginal note:Meaning of damage

    (4) For the purposes of paragraphs (2)(b) to (d), damage includes loss of use value and non-use value.

  • Marginal note:Reasons

    (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court must give reasons for that decision.

Marginal note:Orders of court

  •  (1) If a person is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:

    • (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

    • (b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

    • (c) directing the offender to carry out environmental effects monitoring in the manner established by the Commission or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;

    • (d) directing the offender to make changes to their environmental protection program that the Commission considers appropriate;

    • (e) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Commission and directing the offender to take the measures that it considers appropriate to remedy any deficiencies revealed during the audit;

    • (f) directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;

    • (g) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

    • (h) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

    • (i) directing the offender to post a bond or provide a suretyship or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with all or part of any prohibition, direction, requirement or condition that is specified in the order;

    • (j) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

    • (k) directing the offender to pay, in the manner prescribed by the court, an amount of money to environmental, health or other groups to assist in their work;

    • (l) directing the offender to pay, in the manner prescribed by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;

    • (m) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act; and

    • (n) prohibiting the offender from applying for any new authorization under this Act during any period that the court considers appropriate.

  • Marginal note:Coming into force and duration of order

    (2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but must not continue in force for more than three years after that day.

  • Marginal note:Publication

    (3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender.

  • Marginal note:Debt due to Her Majesty

    (4) If the Regulator incurs publication costs under subsection (3), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

 
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